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In a legal separation, the parties are still married, versus a divorce where the
marriage is ended. A legal separation is a court order that mandates the rights and
duties of a couple while they are still married, but living apart. In a divorce, the
spouses are no longer married. Legal separations are not too common, but can be
helpful to a situation where the spouses work through any personal or financial
issues affecting the marriage. In proceedings for legal separation, the court decides
the following, much as it would in divorce proceedings:
A legal separation allows parties to live apart and they are unable to remarry.
Separation maintenance: this includes spousal and child support, but is called
something different to distinguish it from the effects of a divorce. The court papers
for separation maintenance are usually filed by a lawyer through what is referred to
as a "motion pending litigation". The court's decision on awards for separation
maintenance does influence what each spouse is awarded should they later
continue to divorce proceedings.
Child custody
Child visitation
Property division
Property division during legal separations and divorces are typically determined by
the couple's situation and how it relates to the property. The following situations are
common forms of separation affecting property division:
Trial Separation
A trial separation refers to a period of time during which spouses live apart to
decide whether or not to continue the marriage. This trial separation has no real
legal effect, unlike a legal separation where the parties are ordered by a court to
fulfill certain property divisions and duties. Instead, a trial separation is viewed as a
period of time in the couple's marriage. Any property or debt acquired during a trial
separation is still considered to be acquired during the marriage, and hence,
probably marital property. This is true even if the couple ultimately never gets back
together. Not until either spouse decides to end the marriage does this property
classification have the potential to change (depending on the state the couple lives
in).
Living Separately
Sometimes, circumstances arise that lead to couples living apart with no intent, one
way or the other, to continue the marriage. Additionally, some states have laws that
require couples seeking to file a no-fault divorce to live apart for a designated
period of time. Living separately can affect the property division. Property and debt
acquired while living separately is classified differently depending on what state the
couple lives in. Some states determine the property classification based on whether
either spouse has the intent to end the marriage.
For example, in community property states, all property and debt acquired before
this intent to end the marriage is still considered community marital property. When
one of the spouses gains the intent to end the marriage, then all property and debt
acquired thereafter is separate property. Other states consider property and debt
acquired while merely living apart to be separate property, regardless of the
spouses' intent. Still other states consider all property and debt to be marital
property until the divorce complaint is filed with the court. Be sure to check your
own state's laws to see how they address property.
Permanent Separation
Once a couple decides to separate for good, they have a permanent separation.
This permanent separation probably has no legal effect as compared to a legal
separation in which one of the spouses has actually filed separation paperwork in
court. Most states view all property and debts acquired after a permanent
separation as the separate property of that acquiring spouse. Debts that are
acquired by either spouse after a permanent separation, but before a final divorce,
and are used for things necessary for the family, are treated as joint debts of both
spouses. These debts can include things like house payments, maintenance of the
family home, and expenses relating to the care of the children.
Free Case Review from a Family Law Attorney
Because each state has its own laws regarding property and debt division, it's
important to check your own state's laws. These determinations can become quite
convoluted due to the changing of the couple's circumstances, so it is a good idea
for each spouse to consult with his or her own attorney for help. A family law
attorney can help you sort through the consequences of a legal separation vs. a
divorce. Start by getting a free initial case review today.
If the court determines that a mediation agreement is fair and freely entered into by both
parties, the court will:
Most of humanity lives on just a few dollars a day. Whether you live in the wealthiest
nations in the world or the poorest, you will see high levels of inequality.
The poorest people will also have less access to health, education and other
services. Problems of hunger, malnutrition and disease afflict the poorest in society.
The poorest are also typically marginalized from society and have little
representation or voice in public and political debates, making it even harder to
escape poverty.
By contrast, the wealthier you are, the more likely you are to benefit from economic
or political policies. The amount the world spends on military, financial bailouts and
other areas that benefit the wealthy, compared to the amount spent to address the
daily crisis of poverty and related problems are often staggering.
Some facts and figures on poverty presented in this page are eye-openers, to say
the least.
Read Poverty Facts and Stats to learn more.
Structural AdjustmentA Major Cause Of Poverty
Last updated Sunday, March 24, 2013.
Cutbacks in health, education and other vital social services around the world have
resulted from structural adjustment policies prescribed by the International
Monetary Fund (IMF) and the World Bank as conditions for loans and repayment. In
addition, developing nation governments are required to open their economies to
compete with each other and with more powerful and established industrialized
nations. To attract investment, poor countries enter a spiraling race to the bottom to
see who can provide lower standards, reduced wages and cheaper resources. This
has increased poverty and inequality for most people. It also forms a backbone to
what we today call globalization. As a result, it maintains the historic unequal rules
of trade.
Read Structural Adjustmenta Major Cause of Poverty to learn more.
Poverty Around The World
Last updated Saturday, November 12, 2011.
Around the world, in rich or poor nations, poverty has always been present.
In most nations today, inequalitythe gap between the rich and the pooris quite
high and often widening.
The causes are numerous, including a lack of individual responsibility, bad
government policy, exploitation by people and businesses with power and influence,
or some combination of these and other factors.
Many feel that high levels of inequality will affect social cohesion and lead to
problems such as increasing crime and violence.